Challenging Your Solicitor's Bill: Assessment Under the Solicitors Act 1974
Practice Guides — 2026-10-03
Challenging a solicitor’s bill under the Solicitors Act 1974: statutory time limits, the one fifth costs rule, third-party applications and the distinct role of the Legal Ombudsman.
If you believe your solicitor's bill is too high, you do not have to accept it. Section 70 of the Solicitors Act 1974 gives the client (and in some cases a third party who pays) the right to have the bill assessed by the court. On an assessment the court goes through the bill and decides what was reasonably charged. Amounts found unreasonable come off.
The right is subject to strict time limits, so act quickly. First establish whether the document is a bill capable of starting the statutory time limits, when it was delivered and whether it has been paid. An invoice, request for money on account and interim statute bill are not necessarily the same thing.
The Time Limits
The Act creates four windows, each less favourable than the last.
Within one month of delivery. Where the party chargeable applies within the statutory month, section 70(1) requires the High Court to order assessment without requiring money to be paid into court. This is the strongest position, provided the statutory requirements are met.
After one month but within twelve months of delivery. For an unpaid bill on which judgment has not been obtained, section 70(2) gives the court a discretion to order assessment on terms. The restrictions in subsections (3) and (4) must also be checked.
Applications under section 70(2) after twelve months from delivery, after judgment, or after payment. Section 70(3) requires special circumstances where one of those restrictions applies. For a paid bill, the application must also be within twelve months of payment. Whether special circumstances exist depends on the evidence; do not assume that alleging excessive charges is enough. These restrictions concern applications under subsection (2), not the mandatory route within the first month under subsection (1).
Twelve months after payment. Under section 70(4), the right is lost altogether. The court has no power to order an assessment on the client's application once twelve months have passed from payment of the bill.
Two practical points follow. First, do not pay a disputed bill and then take your time: payment starts the final clock. Second, time runs from delivery of each bill, so on a long retainer with interim bills the earlier bills may already be out of time while the final one is not. Which bills can still be assessed is often the first battleground, and it is worth taking advice on before issuing.
The One Fifth Rule
The costs of the assessment itself follow a statutory rule. Under section 70(9), unless the assessment order provides otherwise, if the bill is reduced by one fifth or more, the solicitor pays the costs of the assessment. If it is reduced by less than one fifth, the client pays. The court can also depart from this where there are special circumstances and it certifies them (section 70(10)).
The one fifth rule is an important costs risk, not a guarantee of a particular order. Before issuing, consider the likely reduction, the proper amount against which to measure it, the assessment order and any special circumstances. The client must also consider the cost of the proceedings and the scope for settlement.
What the Assessment Looks At
The court considers whether the work was done, whether it was reasonably done, and whether the amounts charged were reasonable. Recurring targets include:
- hourly rates above what the retainer or the client care letter provided for;
- work charged at a senior rate that a junior fee earner should have done;
- time claimed that is excessive for the task, or duplicated between fee earners;
- charges that exceed an estimate without the client being warned; and
- items the retainer never authorised.
The retainer documents are central, but solicitor-client assessment is not simply an inter partes assessment with a different paying party. CPR 46.9 contains presumptions concerning costs incurred with the client's approval and amounts approved by the client. It also addresses unusual costs where the solicitor did not explain the risk of non-recovery from an opponent. The agreement, costs information, approvals and applicable statutory provisions must be considered together.
Third Parties
Section 71 contains separate routes for third parties. Subsection (1) concerns a person who has paid, or is or was liable to pay, the bill to the solicitor or the party chargeable. Subsection (3) concerns someone interested in property from which a trustee, executor or administrator has paid, or is entitled to pay, a solicitor's bill. A beneficiary's application is therefore not necessarily based on personal liability for the bill. Standing, time limits and the court's discretion require specific advice.
Other Routes
Court assessment is not the only route. An eligible client can complain to the firm and then to the Legal Ombudsman, without paying a fee to use the service. The Ombudsman can consider complaints about costs and costs information, and can require fees to be reduced or refunded. Its service jurisdiction is different from a court assessment, but it is wrong to dismiss it as irrelevant to a substantial fees dispute.
The appropriate route depends on eligibility, the complaint, the evidence and the remedy sought. The Ombudsman has its own time limits. A complaint to the firm or Ombudsman does not stop the Solicitors Act assessment clock, so obtain advice before allowing a court deadline to expire or assuming that both routes can proceed together.
How We Can Help
Mackenzie Costs acts for clients challenging solicitors' bills and for solicitors defending them, including Part 8 proceedings in the Senior Courts Costs Office. We can advise on whether your bills are still within time, the realistic prospects of a one fifth reduction, and the tactics of the assessment. Contact us for an initial view.
Sources
Solicitors Act 1974, section 70, section 71, CPR Part 46 and Legal Ombudsman: investigating complaints.
Reviewed on 3 October 2026. This guide is general information; the bills, retainer and dates must be checked before advising on a particular application.
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